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The Ticket Group Incorporating moshtix Terms and Conditions of Use

Last updated: 5 December 2016

Our mission is to make your browsing and purchasing experience easy, fast and fair, so you can get your tickets, non ticket items, or make registrations as quickly and as fast as possible.

The Ticket Group Pty Ltd incorporating moshtix, TheTicketGroup.com, TheTicketGroup.com.au, ttg.com.au, moshtix.com, and moshtix.com.au (collectively "The Ticket Group") operates The Ticket Group and moshtix booking systems and web pages ("The Ticket Group platform") for events created by third party event organisers ("Event Organisers") in Australia and New Zealand.

The Ticket Group provides The Ticket Group platform and associated software to Event Organisers so that they may list event details, set ticket inventory, sell tickets, take registrations, manage customer lists and communications and manage other event functions, using The Ticket Group platform. The Ticket Group provides access to certain parts of The Ticket Group platform to the general public so that they may transact and interact with the Event Organiser.

The Ticket Group also sells non-ticket items including but not limited to ticket insurance, merchandise and gift vouchers on behalf of The Ticket Group, Event Organisers and third parties ("Non-Ticket Items").

The following Terms and Conditions of Use and Purchase Policy ("these Terms") have been created to ensure you are happy with your ticket purchase and that you fully understand the purchase process with the Event Organiser who uses The Ticket Group, The Ticket Group platform, The Ticket Group powered partner websites and The Ticket Group retail store associates to promote the Event Organisers events, sell tickets, sell Non-Ticket Items, make registrations and bookings.

1. General

a) By using or visiting The Ticket Group platform, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing The Ticket Group platform.

c) The Ticket Group reserves the right to change these Terms at any time, effective immediately upon posting on The Ticket Group platform. To ensure you are aware of the latest Purchase Policy and Terms, please check this page of The Ticket Group platform periodically which is available from every event page on The Ticket Group platform. The latest date of issue will be posted at the top of this page.

2. Permitted Use of The Ticket Group platform

a) You agree that you are only authorised to visit, view and to retain a copy of pages of The Ticket Group platform for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this site for any purpose other than to review an event and its promotional information, for personal use, or to purchase tickets for your personal use, unless otherwise specifically authorised by The Ticket Group to do so.

b) The content and software on this site is the property of The Ticket Group and is protected by Australian and international copyright laws. We post a legal notice and various credits on The Ticket Group platform, which may not be amended or removed. You must not remove this notice or these credits, or any additional information contained along with the notices and credits.

3. Links and Search Results on The Ticket Group platform

a) The Ticket Group platform may include links posted by the Event Organiser or automatically produce search results that reference or link to third party sites throughout the World Wide Web. To the extent permitted by law, where The Ticket Group has no control over these web sites or the content contained within them, The Ticket Group cannot and does not guarantee, represent or warrant that the content contained in third party websites is accurate, legal and/or inoffensive.

b) The Ticket Group does not endorse the content of any third party site, nor do we warrant that such third party site will not contain viruses or otherwise impact your computer in a harmful or damaging way. By using The Ticket Group platform to search for or link to another site, you agree and understand that you may not make any claim against The Ticket Group for any damages or losses, whatsoever, resulting from your use of The Ticket Group platform to obtain search results or to link to another site. If you have a problem with a link from The Ticket Group platform, please notify us at help@tixsupport.com and we will investigate the problem you describe in your email and take actions that we deem are appropriate in our sole discretion.

4. Unauthorised Use of The Ticket Group platform

Illegal and/or unauthorised uses of The Ticket Group platform, whether for unauthorised ticket sales, unauthorised framing of or linking to The Ticket Group platform will be investigated and appropriate legal action will be taken.

5. Violation of these Terms and Conditions

a) If you violate these Terms including if you post or provide User Content which violates these Terms or has violated the rights of The Ticket Group, any other User or the law, The Ticket Group may terminate your use of The Ticket Group platform, prevent you from making all future bookings using The Ticket Group platform, and/or take legal action against you. Where this occurs, The Ticket Group will provide you with reasonable prior written notice that this will be implemented, together with reasons for that action being taken. If you wish to dispute that decision of The Ticket Group, you have 5 days within The Ticket Group providing its notice to you to do so and The Ticket Group will act reasonably in considering your response.

b) If you materially violate these Terms (which includes any breach of clause 6), in addition to paragraph 5(a), The Ticket Group may cancel your ticket orders in which case The Ticket Group will provide you with written notice of that cancellation together with reasons for that cancellation and will provide you with a refund of the ticket price paid by you.

c) You agree that monetary damages may not provide a sufficient remedy to The Ticket Group for violations of these Terms and you consent to injunctive or other equitable relief for such violations.

d) The Ticket Group may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. This is in addition to any other uses permitted under our Privacy Policy.

e) The Ticket Group is not required to provide any refund to you if you are terminated as a user because you have violated these Terms, except as expressly set out in these Terms.

6. The Ticket Group Copyright Policy

You may only submit content to The Ticket Group platform ("User Content") where you have the rights to do so. In particular, you:

a) may not use The Ticket Group platform to unlawfully transmit copyrighted material (including articles, images, stories and software) without a license, express consent, valid defence or fair use exemption to do so; and

b) must ensure that the content you upload does not infringe the copyright or any other rights of third parties (such as privacy or publicity rights).

7. Disclaimers

a) The Ticket Group does not promise that The Ticket Group platform will be error-free, uninterrupted, nor that it will provide specific results from use of The Ticket Group platform or any content, search or link on it.

b) The Ticket Group platform and its content are delivered on an "as-is" and "as-available" basis.

c) The Ticket Group cannot ensure that files you download from The Ticket Group platform will be free of viruses or contamination or destructive features although The Ticket Group will take steps consistent with industry practice to protect against this occurring.

d) The Ticket Group does not by these Terms exclude any rights and remedies in respect of goods or services under the Australian Consumer Law (Cth) and the Fair Trading Act 1986 (New Zealand), or equivalent state or territory legislation which cannot be excluded, restricted or modified. However, The Ticket Group excludes all rights, remedies, conditions and warranties in respect of goods or services from your use of this site and The Ticket Group platform whether based in statute, common law or otherwise to the fullest extent permitted by law. To the fullest extent possible, the following paragraphs of this clause 7 will apply.

e) The Ticket Group will not be liable for any damages of any kind arising from the use of The Ticket Group platform, including without limitation, direct, indirect, incidental, and punitive and consequential damages.

f) To the fullest extent permitted by law, the Ticket Group makes no guarantee of any specific result from use of The Ticket Group platform or use of The Ticket Group service.

g) To the fullest extent permitted by law, the Ticket Group disclaims any and all liability for the acts, omissions and conduct of any third party users, The Ticket Group users, advertisers and/or sponsors on The Ticket Group platform, in connection with The Ticket Group service or otherwise related to your use of The Ticket Group platform and/or The Ticket Group service. The Ticket Group is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on The Ticket Group platform.

h) Without limiting the other provisions of this clause 7, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in The Ticket Group platform to The Ticket Group at help@tixsupport.com . The Ticket Group may investigate the claim and take appropriate action, in its sole discretion.

8. Payment Methods & Security

a) The Ticket Group processes your payment depending upon the methods accepted by the Event Organiser, The Ticket Group or the relevant third party, which may include but are not limited to PayPal payments, gift vouchers and credit cards: Visa, MasterCard, BankCard and American Express.

b) When making a purchase on The Ticket Group platform your booking information is protected by 256 Bit SSL security.

9. Limits on Tickets purchases Per Customer

When purchasing tickets on The Ticket Group, you are limited to a maximum number of tickets per transaction. This is often a limit of 10 tickets unless otherwise specified by the Event Organiser and may be as low as 2 tickets per transaction. If you try to circumvent The Ticket Group platforms to purchase more than 10 tickets the Event Organiser may at its discretion cancel additional bookings. This limitation has been designed to prevent unfair buying practices at popular events and make sure everyone gets a fair chance of attending the event.

10. Pricing and Ticket Availability

a) The Ticket Group sells tickets and Non-Ticket Items on behalf of Event Organisers and other third parties which means The Ticket Group does not determine the ticket prices, booking fees, postage and handling fees (if posted tickets are an option) or the seating selections.

11. Credit card purchases and proof of identity

a) In most cases when you purchase your tickets using a credit card, in order to collect your tickets, you will be required to present the credit card used to purchase tickets and a picture identification, which must match each other and must match the name under which the booking was made.

b) All purchases are charged to your credit card at the time of purchase, not at the time of entry to the event.

12. Licensed venues and proof of identity

The Ticket Group sometimes sells tickets for events at licensed venues, and these venues require a valid driver's license, passport or proof of age to prove you are over 18 years of age. You may need to present this proof at the event venue to obtain admission.

13. Delivery of tickets

Through The Ticket Group platform the Event Organiser may elect to offer one or more of the following delivery options for your ticket order. The proof of identity requirements set out in clauses 11 and 12 will apply regardless of the delivery of ticket method used.

a) By "email / e-ticket" option:

The Ticket Group platform provides an opportunity for you to provide your email address and will attempt to deliver your e-ticket by email to that email address. If you do not receive your e-ticket then please contact The Ticket Group by email help@tixsupport.com at least 48 hours before the scheduled event.

b) By "at the door" option:

Tickets delivered through "at the door" delivery option are typically available one hour prior to the event start time at the location set by the Event Organiser.

c) By "moshScan" option:

Tickets delivered through "moshScan" delivery option are typically available one hour prior to the event start time at the location set by the Event Organiser. You will be required to swipe the credit card at the door for online bookings. Therefore you MUST bring the credit card used to purchase the tickets.

d) By "Post" or "Registered Post" option

Please ensure you supply the correct billing and credit card account information for ticket orders as incorrect details will delay processing and delivery. The Ticket Group and Event Organisers do not post to PO Boxes.

e) By Passbook or other ticket applications via mobile phones, tablets and devices.

f) Delivery of tickets are the responsibility of the Event Organiser, unless The Ticket Group has undertaken to provide this service to the Event Organiser. If you have selected delivery through the mail, please allow at least 10 working days after your order is made to receive your tickets from the Event Organiser unless the Event Organiser has provided express delivery options. If you have not received your tickets within 48 hours of the event, please contact the Event Organiser via the phone number or email address supplied on the Event Organiser The Ticket Group event page or contact The Ticket Group at help@tixsupport.com .

g) Quick Purchases

I. As with other leading internet merchants, The Ticket Group securely saves the billing and credit card information you provide during purchase. If you do not wish to use this information for future quick purchases please uncheck the check box next to "Save this card to my profile" during the booking process.

II. With mobile phone bookings charges will be made to the credit card stored on your moshfile and it is your responsibility to ensure these credit card details are accurate and updated.

III. Do not set your quick purchase settings or purchase tickets with your parents or another person's credit card unless you have their permission or have completed a credit card authorisation form - as you will not be let into the event - even with a valid ticket.

14. Cancelled Events

a) Occasionally, events are cancelled or postponed by the Event Organiser due to weather conditions or situations affecting the staff, audience or artist. When this occurs, the Event Organiser will make every effort to ensure you receive a prompt refund and/or exchange if applicable.

b) If an event is cancelled or postponed, refunds will be determined by the Event Organiser. To find out about the refund availability and process:

I. you will be notified by email if you have opted in to receive email updates; or

II. you can review notices posted on the Event Organiser's website or contact the Event Organiser via the email address supplied on the Event Organiser's The Ticket Group listing.

c) If the event was moved or rescheduled, the Event Organiser may set refund limitations. Contact the Event Organiser for exact instructions.

d) If a refund has been confirmed by The Ticket Group then the following refund method applies:

I. If you booked online or by phone using a credit card, The Ticket Group will automatically refund to the credit card used for purchase within 14 days of notifying you that a refund for this event applies.

II. If you booked in an authorised The Ticket Group retail outlet, please return to the same outlet you purchased from to obtain a full refund within 90 days of the event cancellation. You will be asked to sign for your refund. If you are genuinely unable to return to the store for a refund, please contact help@tixsupport.com providing details of the event and point of purchase and any other information as reasonably required to allow The Ticket Group to arrange a refund. Note that any refunds conducted through this method will take significantly longer than refunds conducted through the retail outlet.

III. If you purchased the ticket(s) independently of The Ticket Group platform, you will need to return the tickets directly to the place where you purchased the tickets.

IV. The Ticket Group takes no responsibility for tickets not purchased through The Ticket Group platform including web pages, call centre, outlets and authorised retailers.

15. Exchanges, Refunds and Reissues

a) Before purchasing tickets, carefully review your event and ticket selection. Policies set by the Event Organiser will dictate the issuing of exchanges or refunds after a ticket has been purchased lost, stolen, damaged or destroyed.

b) Please check the event specific terms and conditions regarding ticket reissues. If reissues are allowed by an Event Organiser, tickets included in your booking may be reissued into different names at a later date. The new attendee's name and date of birth may be required when reissuing tickets. To reissue tickets, the original purchaser can login to their account prior to the event and follow the prompts. Fees may apply.

16. Other terms

Event Organisers may reserve the right of: 1. Admission to events, latecomers may not be admitted until a suitable break. 2. To change/withdraw advertised artists, programs or seating without notice.

Event Organisers may also append The Ticket Group Terms and these additional terms are displayed and agreed to by the purchaser during the booking process.

If you have a query in relation to these Terms, please contact our Privacy Officer via the contact details below.